Archives – Page 52 – The Red Well

Trial Preparation in the Time of Covid-19: A Practical Approach

March 21st, 2020|

The rapid emergence of COVID-19 has imposed stark exigencies on litigation and trial practice. Many law firm offices have been emptied as staff and employees have been quickly adapting to remote work environments. Many courts have closed down, halting civil jury trials, trail to be rescheduled for still to be decided dates. Here is a useful resource to track and assess the widespread business interruption caused by the Court’s directives to socially distance. Most professionals are looking for a sense of normalcy in an abnormal time. How to remain productive and serve the needs of the client through useful and

The Importance of Graphics as Courts Shift to Telephonic Hearings

March 19th, 2020|

By Thomas M. O’Toole, Ph.D. How do you start a blog about what we are all going through right now? Most of us have never experienced anything like this before and making the adjustments that we are being asked to make is difficult at times. I was telling my kids earlier today that I am not sure everyone in our household is going to survive this pandemic and that has nothing to do with Coronavirus. Different parts of the United States seem to be adjusting in different ways based on the number of cases in that particular area. In Seattle,

Trial Team Crew

March 19th, 2020|

Once again, I was reminded about the people who support the lead trial attorney. The lead attorney and 2nd chair attorneys get the attention, like the rock star. Like Ozzy, Mick, or Geddy, who are lead singers, the lead attorneys are in the spotlight (or hot seat). But, behind them, there is often a small army, or at least a platoon. The associates, paralegals, assistants, secretaries, receptionists, IT staff, and experts, consultants and many others work in support roles to assist the lead attorney in all aspects of litigation. As trial consultants, we depend on various parts of this army

A Piece of Paper, a Feather… Combating Plaintiff Attorneys’ Interpretation of Burden of Proof

March 16th, 2020|

The plaintiff attorney throws a ream of printer paper down on the table in front of the prospective jurors, and grabs an extra piece of paper from elsewhere, holding it up. “This ream of paper represents evidence, and our burden of proof,” she exclaims. “We have to prove our case by a preponderance of the evidence; so if this ream of paper is 50%, we just need one piece of paper more” – and she sets the single sheet on top of the ream. Here is where you object! If not, here is how the plaintiff attorney continues: “We only

5 Reasons to Be Terrified of the Coronavirus (and 5 Reasons Not to Be)

March 5th, 2020|

I love what we can do with data at A2L, particularly when we couple well-chosen words with well-designed litigation graphics. I think this area of our litigation consulting work is one place we add tremendous value. We can overplay a threat, or we can make something seem harmless. The latter is MUCH harder to do. Today, I'll focus on how one can use language and data to either inflame or calm your audience selectively. Why would you want to do this? Frankly, it's one thing trial lawyers and trial consultants do every day. Litigants on both sides of a case

Using Political Polarization to Your Advantage During Voir Dire

March 3rd, 2020|

Happy Super Tuesday in a presidential election year. Conventional wisdom tells us that America is more divided than ever. I think that is overstating things, but people certainly do seem dug into their belief systems these days. No amount of facts, data, or education will cause some people to change their minds about certain topics. And this is a great thing -- IF you're involved in jury selection. The entirety of human knowledge acquired over the last 100,000 years can be accessed in seconds using a device you always have with you. But if you believe something about carrying handguns,

Free Advice on Selecting a Jury

March 3rd, 2020|

As a follow up to my previous post regarding my day of jury duty, this post will involve some free advice to attorneys. I rarely provide free advice, but my observations during my jury service warrant it. When the plaintiff’s attorney in the automobile accident case on which I was a prospective juror began to question me about my suitability as a juror in the case, the first question he asked me was whether I was critiquing his jury selection strategy. Both he and I knew the answer to his question was a resounding, “Yes, of course!”, however, I replied,

Folktales Reveal a Powerful Persuasion Tool for Trial Lawyers

February 28th, 2020|

I recently read two studies by Professor Jeffrey Loewenstein of the University of Illinois that offer extremely valuable persuasion tools for trial lawyers. They were not written with trial lawyers in mind, but the lessons they teach are universal when it comes to persuasion. Together they provide an important toolset for those of us who craft or hone opening statements for a living. The first of these studies, The Repetition-Break Plot Structure Makes Effective Television Advertisements [paywall], helps answer the question of why some advertising campaigns outperform others. It turns out there exists an ages-old and highly persuasive storytelling structure

What is Litigation Consulting and What Do Litigation Consultants Do?

February 27th, 2020|

A very close friend just asked me what we do at A2L Consulting. Last week, a 30-year colleague and client remarked that he didn’t realize that half of our business involved jury consulting. Last night, a high-profile trial lawyer kindly complimented our firm while speaking to a group -- but called the company by its former name of 10 years ago.It’s my job to explain to people who we are and what we do, and some of the people closest to me don’t understand what we do as litigation consultants at A2L Consulting. Clearly, I am doing something wrong.The purpose

A Jury Consultant’s View of Jury Duty

February 25th, 2020|

I recently had the privilege of being summoned to appear for jury duty in Broward County, Florida, where I have lived for almost 30 years. Unlike almost everyone I know, I was not dismayed, afraid, or angry to receive my jury summons. I was, in fact, somewhat happy about it, as well as hopeful that, while it was doubtful I would ever be selected for the jury, I would at least make it to the voir dire process that is part of every jury selection. I made it! I was Juror #4, seated in the jury box, on a civil